Tuesday, April 12, 2016

Pro-abortionists Went 0 for 2 in Court Yesterday

In two unrelated court cases, judges dealt blows yesterday to the abortion industry. A federal judge in Detroit dismissed an attempt by the ACLU to force Catholic hospitals to perform abortions, and a judge in Illinois upheld the First Amendment rights of a pro-life organization to distribute fliers exposing the gruesome business of dumping babies in landfills.

Detroit federal Judge Gershwin Drain says the American Civil Liberties Union and its members have no standing to sue Trinity Health Corp. In a 13-page decision Monday, he said the ACLU failed to explain what medical conditions would place their members at risk or if they are currently at risk.

The judge says any harm is "speculative."

An attorney for Trinity, Kevin Theriot, says no one should be forced to perform abortions. The ACLU says it's considering its next step.

The American Civil Liberties Union filed the lawsuit on behalf of its members last year, calling for an injunction against the anti-abortion policies of Trinity Health Corporation, a Livonia-based health care group with 90 hospitals that adhere to directives of the U.S. Conference of Catholic Bishops.

ACLU lawyers pointed specifically to one member who was denied abortion procedures at a Trinity hospital despite suffering "emergency complications during her pregnancy that required the termination of her pregnancy in order to stabilize her condition."

The lawsuit also argued that other pregnant members were "at risk of suffering similar harm should their pregnancies suffer complications in the future."

In his ruling, [Judge] Drain said the ACLU did not provide enough specific proof of harm to its members to give the organization standing to sue.

“Therefore, even assuming that the complaint contains sufficient factual matter to establish past actual harm — considering the vagueness of the allegation, this is dubious — the allegations of past exposure to defendants’ illegal conduct is not sufficient to create standing,” he wrote.

Alliance Defending Freedom [ADF] attorneys represent the Catholic Medical Association, the Christian Medical and Dental Associations, and the American Association of Pro-Life Obstetricians and Gynecologists, which the court allowed on March 10 to intervene in the case in defense of Trinity Health Corporation. Trinity Health operates 86 facilities in 21 states.

“No American should be forced to commit an abortion—least of all faith-based medical workers who went into the profession to follow their faith and save lives, not take them,” said ADF Senior Counsel Kevin Theriot. “No law requires religious hospitals and medical personnel to commit abortions against their faith and conscience, and, in fact, federal law directly prohibits the government from engaging in any such coercion. As we argued in our brief to the court, the ACLU had no standing to bring this suit and demand this kind of government coercion.”

“Those who doubt that anyone would ever try to force someone to commit an abortion need only look at this case,” explained ADF Senior Counsel Matt Bowman. “This is precisely what the ACLU sought to do. The court came to the right conclusion in putting an end to their quest. The ruling relies on important case law that our pro-life medical group clients cited showing that the ACLU’s case was based on pure speculation.”

“Forcing health care workers to act contrary to the very faith and ethical convictions that led them into the medical profession—to serve, help, and bring healing to people—is counterproductive, unnecessary, and against the law,” Bowman continued.

Lake County [Illinois] Associate Judge Margaret Marcouiller ruled Monday that the Ohio-based group Created Equal can keep distributing fliers that show pictures of an aborted fetus and a Lake Forest [Illinois] resident, and also include the executive's home address.

The fliers have been left with neighbors of Charles Alutto, who heads Stericycle, a medical waste company.

Stericycle's “regulated medical waste acceptance policy” states that the company does not accept “complete human remains (including heads, full torsos, and fetuses).”

Mark Harrington, the national director of Created Equal says the company is playing a game of semantics.

“However, babies are not 'complete' after being dismembered, decapitated, and disemboweled in standard abortion methods,” Harrington said. “Their broken parts and torn tissue are categorized by Stericycle as 'pathological waste,'” which the company willingly transports.

He wrote a letter to Alutto on February 10 with a sample flier that would be handed out in his community to raise awareness of Stericycle's actions. It included Alutto's home address and business phone number. If the company would stop providing services to abortionists, Harrington said, he would not go forward with the campaign.